Firefighter Unions File Class Action Lawsuit Over Cancer-Causing Chemicals in Protective Gear

Testing has revealed high levels of PFAS in firefighter turnout gear, increasing cancer risks.

A number of firefighter unions have joined together to bring a class action lawsuit against the makers of firefighting protective equipment, also known as turnout gear, which they indicate are laden with cancer-causing per- and polyfluoroalkyl substances (PFAS).

PFAS include a group of over 9,000 man-made substances that have been widely used for decades to resist grease, oil and water. However, there is now growing evidence that exposure to the chemicals may cause various cancers, liver damage, thyroid disease, decreased fertility, high cholesterol, obesity, hormone suppression and other injuries.

While most of the attention on the chemicals in recent years has focused on their use in aqueous film-forming foam (AFFF), which is used to fight fuel-based fires and has resulted in toxic exposures for firefighters and widespread water contamination in communities nationwide, PFAS are also found in firefighting turnout gear, which is the protective, layered clothing worn by firefighters to protect them from heat, flames and chemical exposure.

An amended complaint (PDF) was filed in Connecticut federal court on April 19, involving several state firefighter unions, the city of Stamford and individual firefighters, seeking class action status to pursue damages from a number of safety equipment and chemical companies, such as 3M Company, Dupont De Nemours, Inc, Corteva, Gore & Associates, Honeywell Safety Products and others named as defendants.

The firefighter unions in the lawsuit are members of the International Association of Fire Fighters (IAFF), which, along with the Metropolitan Fire Chiefs Association, issued a warning in August 2022, calling on firefighters to reduce their PFAS exposure by limiting the use of turnout gear.

The groups warned that firefighters will not be able to fully avoid the PFAS cancer risk until the chemicals are removed entirely from protective gear and AFFF foam, calling for the development and widespread availability of such PFAS-free gear. In the meantime, the group indicated that firefighters should limit their use of turnout gear to only emergency situations where it is required, and then suggested firefighters remove it as soon as possible.

According to the lawsuit, turnout gear manufacturers gave firefighters equipment they knew, or should have known, carried toxic exposure risks, since studies have consistently detected high levels of PFAS chemicals in the protective equipment.

“In all three layers of tested turnout gear, PFOA (perfluorooctanoic acid) was present at alarmingly high levels—for instance, in one set of gear that was tested the outer shell contained 182 parts per billion and the thermal liner contained 78 parts per billion,” the lawsuit notes. “To put these numbers into perspective, the EPA has set the MCL for PFOA in drinking water at 4 parts per trillion. The amount of PFOA present in the turnout gear that was tested was 182,000 parts per trillion (182 parts per billion) in the outer shell and 78,000 parts per trillion (78 parts per billion) in the thermal liner.”

The complaint was originally filed approximately one year ago, but was amended last week to include several new plaintiffs. It accuses the manufacturers of designing and selling toxic equipment that led to firefighters’ bodies absorbing the harmful chemicals, increasing their risks of cancer to the point that it is now the leading cause of death among firefighters.

The complaint presents claims of design defect, negligence, failure to warn, negligent design and manufacture, medical monitoring, and seeks both compensatory and punitive damages.

PFAS and AFFF Exposure Lawsuits

The class action lawsuit is part of a much larger body of litigation filed against chemical and safety equipment manufacturers over PFAS health risks, with most of the litigation either focused on water contamination caused by the use of PFAS in AFFF, which is used to fight petroleum fires on military bases and at airports. 

In addition, hundreds of firefighters have also filed individual AFFF lawsuits, alleging that they developed testicular cancer, liver cancer, kidney cancer, thyroid cancer, ulcerative colitis and other injuries following exposure to the foam itself, used in both drills and fighting live fires.

Given common questions of fact and law presented in the claims brought throughout the federal court system, all AFFF lawsuits are currently centralized before U.S. District Judge Richard M. Gergel in the District of South Carolina, for coordinated discovery and a series of early bellwether trials.

While the outcome of early bellwether trials in the MDL will not have any binding impact on other claims, the average lawsuit payouts awarded by juries for different categories of injuries may affect the outcome of PFAS exposure and AFFF settlements. If no such settlements are reached during the bellwether trials, thousands of claims may be remanded back to federal courts nationwide for individual trial dates.